All residential new development shall be served by public schools that:
Are currently adequate;
Have funded construction capacity, exclusive of any capacity created pursuant to a developer-funded mitigation program, scheduled for completion within the same school attendance area in the current or the next year of the approved Washington County capital improvement program (CIP) following final plat or site plan approval, to be adequate based upon 90% of elementary school state-rated capacity and to be adequate based on 100% of state-rated capacity for middle schools and high schools; or
Have been identified by the Board of Education (BOE) as part of an approved redistricting plan scheduled to occur in the current or the next year of final plat or site plan approval that will render the public schools adequate.
Funded construction capacity to be created by a mitigation program may not be used in a determination of adequacy for any developer other than the developers who are parties to the mitigation program.
Article V of this chapter does not apply to:
New development to be developed exclusively for nonresidential uses;
New development to be developed according to federal regulations restricting occupancy in the dwelling units to elderly persons;
Public or private elementary and secondary schools and public safety facilities; or
The BOE shall provide actual enrollment data to the Mayor and Council of the Town for the last school day of September, December, March and June and the state-rated capacity for each elementary and secondary school.
The Planning Commission shall determine whether public school facilities are adequate for the proposed new development upon recommendation by the Town Planner after evaluating enrollment information provided by the BOE. The Planning Commission shall determine that a school is adequate if the school has the capacity as follows:
Elementary schools are adequate if the school has available capacity to accommodate student enrollment, including new development, without exceeding 90% of the state-rated capacity (SRC) for each school.
Middle schools and high schools are adequate if the school has available capacity to accommodate student enrollment, including new development, without exceeding the state-rated capacity established for each school.
Final approval will not be granted for developments in the review process until the affected schools obtain adequate status.
Adequacy of every elementary, middle and high school serving the proposed development shall be tentatively measured at the time of preliminary consultation and preliminary plat review and shall be finally measured and determined as of the date of final plan submission or the first date upon which all necessary documentation and materials have been submitted, whichever occurs last, based upon data as published by the BOE.
If approval has not been received from the Planning Commission within six months of the date of plan submission, the most recent quarterly school enrollment data must be utilized by the Commission for adequate public facilities review unless a delay occurs not attributable to the applicant.
For determining adequacy, "enrollment" shall mean the total of the BOE official enrollment figures, background enrollment, pupils generated from the proposed development, and other previously approved developments, including those in municipalities.
Pupil generation rates shall be determined using the formulas proposed by the BOE and adopted by the Board of County Commissioners and shall reflect the characteristics of the school attendance area within which the proposed development is located.
If a school is not adequate as defined in § 300-21 and an adjoining school district at the same level is at least 20% below state-rated capacity, then the applicant may request the BOE to determine the viability of redistricting to accommodate the new development. If the Planning Commission determines that redistricting is a viable alternative, then the school shall be considered adequate. Any decision as to approval of a specific redistricting plan lies solely with the Board of Education.
Except as otherwise provided in this article, if a school is not adequate and the BOE has not approved a specific redistricting plan that would result in the school meeting the standards established in § 300-21, then the final subdivision or site plan approval shall be denied, except as provided for in § 300-40.
Any developer proposal to create improvements to meet adequacy shall be submitted to the Board of Education for recommendations and reviewed under any BOE adopted mitigation policy then in effect and be subject to the standards and review processes of the Interagency Committee on School Construction (IAC) of the Maryland Board of Public Works.
Background enrollment growth will be extrapolated over the number of years for which approval is requested. Included in the calculations shall be any additional approved but unplatted major preliminary plan developments in the affected area which might impact the historical growth trend to make it inaccurate or obsolete.
The Planning Commission may require phasing or an annual maximum build-out rate to plan for future adequacy.
The Mayor and Council of the Town shall have the authority to limit the number of building permits issued by the Town in any school attendance area. The decision to limit building permits shall be based on the recommendation of the Planning Commission, upon receipt of a recommendation from the BOE, taking into consideration the adequacy of the school attendance area and enrollment capacity in immediately adjacent school attendance areas.
The Mayor and Council of the Town shall have the authority to cap the number of residential building lots approved for development on an annual basis.